The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1887-01-29
CHURCH PROPERTY A TRUST.

The UNIVERsALIST recently received
the following communication with the
request that the question proposed be
answered in its columns. For obvious
reasons we do not give the name of the
party making the inquiry, or the place
from whence it comes. Aud the COM
munication is answered on general prin-
ciples, as the matter on which informa-
ton is requested concerns the Church
at large, as well as the particular vicin-
ity from which the communication
comes
Please answer the following inquiry,
and Oblige: When the members of a
church conclude to sell their church
property, and do not intend to keep up
the organization, what is to be done
with the money obtained for the prop
erty sold ? Can the trustees of church
sell the property and give good title
by the consent of its members, said
property to be used as church property :?
Respectfully,
In answer we may say that questions
as to the limitation imposed by law on
the power Of religious society, or its
trustees, to control church property,
where no limitations as to it's use are
contained in the grant vesting the prop
erty in the society or its trustees, are
in the main well settled in this country.
There is no practical difference, wheth-
er the corporate body is the society it.
self, as under the law now in force in
Illinois, or whether it is the trustees of
the society only, as in this State prior
to 1872. In either case, the corporate
body, although the deed by which it
receives its property may be free from
any limitations whatever, takes and
holds such property in trust for the
specific purpose for which the money
was subscribed or donated with which
the property was purchased, or the
building erected, and for no other pur-
pose whatsoever.
With this limitation Except as mod
flied by their own bylaws or specific
statutory requirements) the majority of
the members of society, acting at
regular meeting, have the right to con-
troll and manage the property through
their trustees, and provide how it shall
be used for those purposes but they
have no power to divert it or author
iZe the trustees to divert it to other
purposes, however excellent those pur-
poses may be in themselves. Each
member of the society is beneficiary;
and if the trust property is misapplied
or diverted, he has the same remedy
that other beneiciaries have, in other
cases of trusts, to wit an appeal to a
court having chancery powers. Courts
of Chancery have repeatedly exercised
the power vested in them, by protecting
this class of trusts, sometimes by re-
moving trustees; in one case by enjoin-
ing the trustees from turning the church
into a school house and in several
cases by enjoining them from employ
ing minister who preached different
doctrine from that of the founders of
the church, and to teach which the
church was erected.
The courts proceed wholly on the
ground that church property is a trust
for the specific purpose of teaching
the doctrines the church was built to
uphold, and is to be used for no other
purpose. They do not, of course, under
take to say whether the doctrine sought
to be taught is true or not, nor whether
the purpose for which the persons
charged with diverting the property
would use it, is commendable in itself |
or not, but seek simply to determine
two questions, first: To sustain what |
doctrine was the church property do
mated? And, second; Is it now being
devoted to other purposes2